LAWS(BOM)-2016-7-73

BHAGWAN KISAN WAGH Vs. STATE OF MAHARASHTRA

Decided On July 21, 2016
Bhagwan Kisan Wagh Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Since common issues arise in all these writ petitions they have been heard together and are being decided by this common judgment.

(2.) Rule. Rule in each writ petition is made returnable forthwith and the learned counsel for the parties have been heard at length. For the sake of convenience the facts in Writ Petition No. 6466 of 2015 are being referred to.

(3.) The petitioner claims to be in possession of E Class landGairan land since the year 1990. According to the petitioner, the respondent no.1 has issued Government Resolution dated 28.11.1991 in the matter of regularisation of encroachments of such lands. In the said Government Resolution a policy decision has been taken to regularise encroachments made between 01.04.1978 and 14.04.1990. According to the petitioner in terms of aforesaid Government Resolution steps were taken by the revenue authorities for regularising the encroachments. No objection was obtained from the Grampanchayat and recommendation for regularising the encroachment committed by the petitioner was submitted by the Sub Divisional Officer to the Additional Collector. Thereafter a demand of penalty towards regularising the encroachment was also made from the petitioner. However by order dated 09.10.2015 the Collector Buldhana rejected the application for regularising the encroachment committed by the petitioner. Being aggrieved by the aforesaid order the petitioner has challenged the same before this Court.